Orlando Sentinel

Do words prevail over numbers in realty deals?

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over both, andwords prevail over numbers.”

I hope this answers your question. Youmay be stuck with the higher price.

Talk with a local attorney who may be able to resolve this in your favor.

For example, theremay be a loophole in the contract thatwould allowyou towalk away and get your deposit. That could be leverage against the seller to lower the price to what you originally intended.

Q: I have been divorced since 2010, and my ex-husband still has two properties owned jointly with me.

Is it possible that I can force the sale of these properties?

A: You have to first read the divorce settlement/ separation agreement that you entered into with your former husband in 2010.

Does it contain any language that states the houses will be sold after a certain period?

Are you paying anything toward the house such as mortgage, taxes, insurance and upkeep? Are any of the two properties rented and, if so, are you getting any rent money?

And the bottom-line question: Is there any equity in either or both of the houses, or are they underwater?

Assuming that there is nothing in your separation agreement that does not allowyou to take legal action, you have the right to file a partition action in a lawcourt in the county where the houses are.

The lawis very clear throughout the country that courts will not allow two or more people to continue to own property when onewants out.

Ultimately, a judge will force the sale, either with a real estate broker or a public sale held in the courthouse.

Typically, a brother and sister are involved in the partition cases in which I have represente­d one owner. Momdied, and the sisterwant­s to live in the house. The brother lives across the country and wants half the sale proceeds.

But who are the winners? The lawyers who represent the parties; the speculator, who often gets a below-market price; and the court-appointed trustee who oversees the sale.

Youmaywant to have an attorney threaten your ex-husband that you will sue if he doesn’t act to get your name off the title.

But frommy experience, the onlyway to accomplish this is either a sale of the property or your former husband refinances in his own name.

If he cannot qualify for a new loan— or loans in your case— he should sell.

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